Law:

Section:

Keywords: Offences, Province, Leave, Exclusion, Procedure, Prejudice, Leave To Appeal, Notification, Registered, Contravention, Land, Prima Facie, Imprisonment, Guilty, Petitioner, Satisfaction, Order, Defence, Government, Provisions, Consideration, Merits Of The Case, Ambit, Prohibition, Classes, Language, High Court, Fine, Trial Court, Period, Information, Evidence, Prejudicial, Necessity, Orders, Grounds, Constitution Result: Application rejected JUDGMENT The petitioner Kadir Bux has been arrested on a charge under Rules 42 and 49 of the Defence of Pakistan Rules. Although it is not stated either in the first information report or by the Assistant Advocate-General at the time of arguments as to which clause of Rule 42 is attracted in the cage. I am of the view that of the various clauses in Rule 42(6) which define what is a "prejudicial act", the clauses which proximately or remotely can possibly apply in this case would be clauses (e) and (g) of the said-Rule. These clauses read as follows: "Prejudicial act" means any act which is intended or is likely - (e) to bring into hatred or contempt, or to excite disaffection toward; the Government established by law in Pakistan; (g) to promote feelings of enmity and hatred between different classes of citizens." Contravention of Rule 42(6) of the Defence of Pakistan Rules is punishable under Rule 49 of the same Rules and the maximum sentence provided is imprisonment for a period of five years or fine or both. 2. Normally in the scheme of Code of Criminal Procedure whenever an offence is punishable upto five years; bail could be granted but Wee learned Assistant Advocate-General relied on Rule 210 of the said Rules, for the purposes of supporting an argument that this Court will have no power to grant bail unless it was satisfied that there are reasonable grounds for believing that the accused is not guilty of contravention of Rule 42. It would thus appear that in matter of grant of bail the scheme provided is the Defence of Pakistan Rules is different from the scheme provided under the normal law viz. The Criminal Procedure Code. However, there have been cases when inspite of such prohibition as is contained in…

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